RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

The traffic regulations approved by the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of April 12, 2022 No. 172;

The rules of transportation of passengers and baggage by road transport approved by the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of November 4, 2003 No. 482, and other acts of the legislation.

The "Charter of the railroad of the Republic of Uzbekistan" approved by the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of October 23, 2008 No. 232.

3. Courts by hearing of cases about crimes against traffic safety and operation of transport should be guided, in particular, by the terms this in article 3 of the Law of the Republic of Uzbekistan "About traffic safety", according to which:

the road - the strip of the earth equipped or adapted and used for movement of vehicles or the surface of artificial construction including highways, ways of urban electric transportation and sidewalks;

the vehicle - the device intended for transportation of people, loads or for production of special works;

traffic - set of the relations arising in the course of movement of people and loads by means of vehicles or without those within roads;

the vehicle owner - the legal entity or physical person owning the vehicle on the property right (according to purchase and sale agreements, donations, exchanges, etc.) or other corporeal rights (according to the lease agreement, based on the power of attorney, the route sheet, etc.).

airspace of the Republic of Uzbekistan - the space over the territory and territorial waters of the state which is under its exclusive jurisdiction.

4. Courts need to consider that in Chapter XVIII of the Criminal code of the Republic of Uzbekistan (further in the text - UK) provides responsibility for violation of the traffic regulation and operation of all types of vehicles. It is necessary to carry to vehicles, in particular, means of rail, sea, river, air, road transport, and also the motorcycle, the moped, the bicycle, the horse drawn vehicle, etc.

5. The machines specialized for road laying, construction, agricultural industry and other works (excavators, graders, truck cranes, scrapers, auto-loaders) belong to the vehicles intended for production of special works.

6. Subject of the crimes provided by Articles 263, 267 UK is person which reached fourteen-year age, and crimes provided by Articles 260 - 262, 263-1, 264 - 266, 268, 269 UK - person which reached sixteen-year age.

Explain that the subject of crime, stipulated in Article, the driver managing the vehicle i.e. person can be recognized 266 UK:

the having car driver license;

from which the car driver license is withdrawn for the allowed road traffic offense;

deprived of the right of management of the corresponding type of the vehicle;

not having the right of vehicle control at all;

training to driving at the educational vehicle with double control.

7. Owing to the Section I of Traffic regulations there cannot be the subject of crime, stipulated in Article 266 UK, person managing the vehicle set in motion by the engine with working amount no more than 50 cubic centimeters and having the maximum constructive speed no more than 50 kilometers per hour, and also mopeds (bicycles with the outboard motor) and other vehicles with similar characteristics. Person managing the specified vehicles or animal traction and also the cyclists, persons carrying carts, sledge, nurseries and wheelchairs and the allowed road traffic offense or operation of vehicles which entailed causing average weight or heavy bodily harm or the death of the person on imprudence in the presence to that the bases bears responsibility under article 268 UK.

If violation of safety rules and operation of vehicles is in causal relationship with criminal acts of transport drivers of several types, in this case they are subject to responsibility, depending on vehicle type, respectively under article 266 or 268 UK.

8. Obligatory sign of the crimes provided by Articles 260, 261 - 263, 266, 268, 269 UK, is availability of causal relationship between the allowed abuses of regulations of movement or ekspluatation of the vehicles or other rules specified in the penal statute and the come effects. Abuse of regulations of movement or operation of vehicles can be expressed as in operation, and in failure to act.

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